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coasting license A federal permit to operate a commercial vessel in coastal waters . The Coasting Act of 1793, which originally created the licensing requirement, was intended to exclude foreign vessels from interstate trade and encourage the growth of American shipping.

coasting trade Commerce among different coastal ports or navigable rivers of the United States, in contrast to commerce carried on between nations. Also termed coastwise trade.

coastwise trade See COASTING TRADE.

cob clause A coordination-of-benefits clause, which provides that the total sums paid for medical and hospital care will not exceed the benefits receivable from all combined sources of insurance.

cobra (koh-bra]. CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT OF 1985.

cockfighting A traditional bloodsport in which specially bred and trained gamecocks are equipped with metal spurs and made to fight in a pen until at least one bird is killed or injured too seriously to continue fighting . In the United States, cockfighting was once common in rural areas. Now considered a form of animal crueltv, it has been outlawed in every state.

coconspirator A person who engages in a criminal conspiracy with another; a fellow conspirator. Also spelled coconspirator. See CONSPIRATOR.

coconspirator's exception An exception to the hearsay rule whereby one conspirator's acts and statements, if made during and in furtherance of the conspiracy, are admissible against a codefendant even if the statements are made in the codefendant's absence. See Fed. R. Evid. 801(d)(2)(E). Also termed coconspirator's rule. See HEARSAY.

coda CASH OR DEFERRED ARRANGEMENT.

code 1. A complete system of positive law, carefully arranged and officially promulgated; a systematic collection or revision of laws, rules, or regulations <the Uniform Commercial Code> . Strictly, a code is a compilation not just of existing statutes, but also of much of the unwritten law on a subject, which is newly enacted as a complete system of law. Also termed consolidated laws. See CODIFICATION "A code is not only a collection of the existing statutory law, but also of much of the unwritten law on any subject. and is composed partly of such materials as might be at hand from all sources - from statutes, cases, and from customs supplemented by such amendments, altera· tions, and additions as are deemed by the codifiers necessary to harmonize and perfect the existing system. In fact, in making a code, new laws may be added and old laws repealed in order to constitute a complete system." William M. Lile et aI., Brief Making and the Use of Law Books 18-19 (3d ed. 1914) 2. (usu. cap.) The collection oflaws and constitutions made by order of the Roman Emperor Justinian and first authoritatively published in A.D. 529 (with a second edition in 534).o Contained in 12 books, the Code is one of four works that make up what is now called the Corpus Juris Civilis. Also termed (in sense 2) Legal Code. See CODEX; CORPUS JURIS CIVILIS.

code adam A procedure used by offices, stores, and other places to alert people to look for a child who has become separated from a parent or guardian and has been reported as missing somewhere within the building. Typically, a description of the missing child is broadcast over a paging system. All exits are locked or closely monitored. If the child is not found within a short time, the police are called. Many stores, museums, malls, and amusements parks have adopted some form of Code Adam. In 2003, Congress passed legislation requiring Code Adam programs in all federal office buildings. This term is a memorial to 6-year-old Adam Walsh of Florida, who in 1981 was abducted from a department store and murdered. Cf. AMBER ALERT.

code civil The code embodying the civil law of France, dating from 1804 . It was first known as the Code civil des franr,:ais to distinguish it from the other four codes promoted by Napoleon. From 1807 to 1816 it was called Code Napoleon, a title that was restored by a decree of Louis Napoleon. Since 1870, French statutes have consistently referred simply to the code civil. Cf. NAPOLEONIC CODE. See CIVIL CODE (1).

code de commerce (kohd da kaw-mairs). A codification of French commercial law, enacted in 1807, dealing with commercial transactions, bankruptcy, and the jurisdiction and procedure of the courts handling these subjects.This code supplemented the Code Napoleon. See NAPOLEONIC CODE.

code de procedure civil (kohd da praw-se-door see-veel). A French civil-procedure code, enacted in 1806 and appended to the Code Napoleon. See NAPOLEONIC CODE.

code d'instruction criminelle (kohd dan-struuk-see-awn kri-mi-nel). A French criminal-procedure code, enacted in I8H and appended to the Code Napoleon. See NAPOLEONIC CODE.

code napoleon (kohd na-poh-Iay-awn). See NAPOLEONIC CODE.

code noir (kohd nwahr). [French "black code"]. A body oflaws issued by Louis XIV and applied in French colonies. The Code regulated slavery and banned Jews and non-Catholic religiOUS practices from the colonies.

code of conduct A written set of rules governing the behavior of specified groups, such as lawyers, government employees, or corporate employees.

code of federal regulations The annual collection of executive-agency regulations published in the daily Federal Register, combined with previously issued regulations that are still in effect. -Abbr. CFR.

code of hammurabi (hah-ma-rah-bee or ham-a). The oldest known written legal code, produced in Mesopotamia during the rule of Hammurabi (who reigned from 1792 to 1750 B.C.). The code consisted of nearly 300 provisions, arranged under headings such as family, trade, real property, personal property, and labor.

code of judicial conduct The body of standards governing the professional ethics and behavior of judges. The American Bar Association drafted a Modael Code of Judicial Conduct and formally adopted it in 1972. In 1973, the U.S. Judicial Conference used the code as the basis for the Code of Conduct for United States Judges. Portions of the code are also found in federal law (see, e.g. 28 USCA § 455). The 1972 ABA Code has been superseded by the 1990 ABA Model Code of Judicial Conduct. Each state has a code of judicial conduct, based on the 1972 or 1990 model codes or a blend of both. A state's highest court is responsible for drafting and enacting the code. Abbr.

code of justinian See JUSTINIAN CODE.

code of military justice The collection of substantive and procedural rules governing the discipline of members of the armed forces. 10 USCA §§ 801 et seq. Also termed Uniform Code of Military Justice (UCMJ).

code of professional responsibility See MODEL CODE OF PROFESSIONAL RESPONSIBILITY.

code of war Legal rules that regulate international armed conflict. A code of war may arise from many sources, including custom, treaties, scholarly writings, and domestic legislation. One of the earliest known treatises on rules governing the conduct of war was written by Sun Tzu in the 4th century B.C.

code penal (kohd pay-nal). The fourth of five codes promoted by Napoleon, enacted in 1810, setting forth the penal code of France. See NAPOLEONIC CODE.

code pleading See PLEADING (2).

code pleading A procedural system requiring that the pleader allege merely the facts of the case giving rise to the claim or defense, not the legal conclusions necessary to sustain the claim or establish the defense. Also termed fact pleading. Cf. issue pleading.

code state A state that, at a given time, had already procedurally merged law and equity, so that equity was no longer administered as a separate system; a state in which there is only one form of civil action .This term was current primarily in the early to mid-20th century. Cf. NONCODE STATE.

coded communications Messages that are encoded or enciphered by some method of transposition or substitution so that they become unintelligible to anyone who does not have the key to the code or cipher.

codefendant One of two or more defendants sued in the same litigation or charged with the same crime. Also termed joint defendant. Cf. COPLAINTIFF.

codex (koh-deks). [Latin). 1. A code, esp. the Justinian Code. See JUSTINIAN CODE. 2. A book written on paper or parchment; esp., a volume of an ancient text.

codex gregorianus (koh-deks gri-gor-ee-ay-nas). [Latin] Roman law. A collection of imperial constitutions compiled by the Roman jurist Gregorius and published in A.D. 291. Also termed Gregorian Code. "The imperial enactments, rapidly increasing in number, covering, at hazard, the whole range of law, and, by reason of difficulties of communication and imperfect methods of promulgation, not always readily ascertainable, created a burden for the practitioner almost as great as that of the unmanageable juristic literature. Something was done to help him by two collections published privately about the end of the third century, the Codex Cregorianus and Codex Hermogenianus. These collections do not now exist: what is known of them is from citations in later literature..' W.W. Buckland, A Manual of Roman Private Law 20-21 (2d ed. 1939).

codex hermogenianus (koh-deks har-ma-jee-nee-ay-nas). [Latin] Roman law. A collection of imperial constitutions compiled by the Roman jurist Hermogenianus and published A.D. 295.The Codex Hermogenianus supplemented the Codex Gregorianus. Also termed Hermogenian Code.

codex justinianus See JUSTINIAN CODE.

codex repetitae praelectionis (koh-deks rep-a-tI-tee pri-Iek-shee-oh-nis). [Latin "code of the resumed reading"] Roman law. See JUSTINIAN CODE. "By the time when the Digest and Institutes had been completed it was obvious that the Codex, published little more than four years earlier, was incomplete, since in the interval Justinian ... had promulgated other new constitutions. Tribonian, therefore, was appointed to revise the Code, so as t'o bring it fully up to date, and at the end of the year A.D. 534 this new Code, known as the Codex Repetitae Praelectionis, was promulgated, and is the only Code which survives to the present day. Justinian seems to have laboured under the erroneous impression that the system he had framed would be adequate for all time. But as there is nothing static about law, further legislative enactments, termed Novellae Constitutiones, were issued during his reign .... In modern times Justinian's various compilations came to be called collectively the Corpus Juris Civilis: the Corpus being regarded as a single work, made up of the Institutes, the Digest, the Codex Repetitae Praelectionis, and the Novels." R.W. Leage. Roman Private Law 44 (C.H. Ziegler ed .o 2d ed. 1930).

codex theodosianus (koh-deks thee-a-doh-shee-ay-nas). [Latin] See THEODOSIAN CODE.

codicil (kod-a-sal or -sill). A supplement or addition to a will, not necessarily disposing of the entire estate but modifying, explaining, or otherwise qualifying the will in some way. When admitted to probate, the codicil becomes a part of the will. "A Schedule or supplement to a Will, or some other writing; some Writers, conferring a Testament, and a Codicil together, call a Testament a great Will, and a Codicil a little one; and compare a Testament to a Ship, and the Codicil to the Boat tied to the Ship." Thomas Blount, Nomo-Lexicon: A Law-Dictionary (1670). "A codicil, from codicil/us. a small codex, a little book or writing, may be defined as a writing by the testator intended as a supplement or addition to his will, the effect of which may be either to enlarge or restrict it, orto annul or revoke it altogether. It may add to or subtract from provisions of the will, may explain or alter, confirm or revoke them wholly or in part; or, when the will itself is invalid, may by a valid re-execution and republication revive and renew the will." 1 H.C. Underhill, A Treatise an the Law of Wills § 7, at 11 (1900).

codicillary (kod-a-sil-a-ree), Of or relating to a codicil.

codicillus (kod-a-sil-as), [Latin "little document"] Roman law. 1. An informal document instructing an heir to carry out a certain performance, usu. the payment of money or the transfer of property to a third person. During the reign of Augustus (27 B.C.-A.D. 14), directives (fideicommissa) contained in codicilli became legally binding. See FIDEICOMMISSUM. 2. An imperially granted appointment or special privilege.

codification (kod-a-fi-kay-shan), 1. The process of compiling, arranging, and systematizing the laws of a given jurisdiction, or of a discrete branch of the law, into an ordered code. 2. The code that results from this process. codify (kod-a-fI), vb. codifier (kod-a-fI-ar), n.

codifying statute A law that purports to be exhaustive in restating the whole of the law on a particular topic, including prior caselaw as well as legislative provisions. Courts generally presume that a codifying statute supersedes prior caselaw. Cf. consolidating statute.

codifying statute See STATUTE.

coefficient clause See NECESSARY AND PROPER CLAUSE.

coemptio (koh-emp-shee-oh), [Latin] Roman law. A form of civil marriage in which the husband "purchased" from a woman's father by fictitious sale the right to exercise marital power (manus) over the woman . The father conveyed his daughter to her husband through the technical procedure of a sale of res mancipi. The imaginary sale took place in the presence of five adult Roman citizens and a balanceholder (libripens). The husband or fictitious purchaser was termed the coemptionator or coemptioner. The importance of coemptio as a method of civil marriage had faded by the end of the Republic period. Cf. CONFARREATIO; usus (3). PI. coemptiones (koh-emp-shee-oh-neez).

coemption (koh-emp-shan), 1. The act of purchasing the entire quantity of any commodity. 2. COEMPTIO. coemptional, coemptive, adj.

coerce (koh-ars), To compel by force or threat <coerce a confession>.

coerced confession See CONFESSION.

coerced confession, A confession that is obtained by threats or force.

coerced-compliant confession See CONFESSION.

coerced-compliant confession- A confession by a suspect who knows that he or she is innocent but is overcome by fatigue, the questioner's tactics, or a desire for some potential benefit. Also termed coerced-compliant false confession.

coerced-compliant false confession See coerced-compliant confession under CONFESSION.

coercion (koh-ar-zhan), 1. Compulsion by physical force or threat of physical force . An act that must be voluntary, such as signing a will, is not legally valid if done under coercion. And since a valid marriage requires voluntary consent, coercion or duress is grounds for invalidating a marriage.

coercive relief See RELIEF.

coercive relief Judicial relief, either legal or equitable, in the form of a personal command to the defendant that is enforceable by physical restraint. declaratory relief A unilateral request to a court to determine the legal status or ownership of a thing.

coexecutor (koh-eg-zek-ya-tar). See joint executor under EXECUTOR.

coexecutor- See joint executor.

coexistence The peaceful continuation of nations, peoples, or other entities or groups within an effective political-military equilibrium.

coexisting motion See MOTION (2).

cogent (koh-jant), Compelling or convincing <cogent reasoning>. cogency, n.

cognate See COGNATIC.

cognate- One who is kin to another. In Roman law, the term means a blood relationship and implies that the kinship derives from a lawful marriage. In Scots and later civil law, the term implies kinship from the mother's side. Cf. AGNATE.

cognate nuisance See NUISANCE.

cognate offense A lesser offense that is related to the greater offense because it sharesseveral of the elements ofthe greater offense and is of the same class or category. For example, shoplifting is a cognate offense oflarceny because both crimes require the element of taking property with the intent to deprive the rightful owner of that property. Cf.lesser included offense.

cognate offense See OFFENSE (1).

cognati See COGNATUS.

cognatic (kog-nat-ik), (Of a relationship) existing between cognates. Also termed cognate.

cognatio (kog-nay-shee-oh), [Latin] Roman law. The relationship between people having a common ancestor; a blood relationship; cognates. Cf. AGNATIO.

cognation (kog-nay-shan), 1. Relationship by blood rather than by marriage; relationship arising through common descent from the same man and woman, whether the descent is traced through males or females. '''Cognation' is a relative term, and the degree of connexion in blood which it indicates depends on the particular marriage which is selected as the commencement of the calculation." Henry S. Maine, Ancient Law 122 (17th ed. 1901). 2. Civil law. A relationship existing between two people by blood, by family, or by both.

cognatus (kog-nay-tas), [Latin] Roman law. A cognatic relative; a person related to another by a common ancestor. Also termed cognate. Cf. AGNATUS. Pl. cognati.

cognitio (kog-nish-ee-oh), [fr. Latin cognoscere "to know"] 1. The acknowledgment of a fine, or the certificate of such an acknowledgment. 2. Roman law. See COGNITIO EXTRAORDINARIA. PI. cognitiones (kog-nish-ee-oh-neez).

cognitio extraordinaria (kog-nish-ee-oh ek-stror-di-nair-ee-a or ek-stra-or-). [Latin] Roman law. A type of legal proceeding, ariSing at the beginning of the Empire, in which a government official controlled the conduct of a trial from beginning to end, as opposed to the earlier formulary system in which a magistrate shaped the issues and then turned the issues of fact and law over to a lay judge (a judex). Sometimes shortened to cognitio. Also termed cogl1itio extra ordinem (kog-nish-ee-oh ek-stra or-da-nam). 'The cognitio extra ordinem or cognitio extraordinaria is a collective name for all those legal procedures in which the trial consists of one stage only and in which judgment is given by the emperor or by an imperial official acting on behalf of the emperor. The disputes that were settled by means of the cognition procedure could be of very different kinds: not only could they be about matters concerning private law and criminal law, but they could also be disputes between citizens and government officials." Olga Teliegen·Couperus, A Short History of Roman Law 90 (1993).

cognition is causa tantum (kog-nish-ee-oh-nis kaw-za-tan-tam). [Latin "for the purpose of ascertaining a debt against the estate"] Scots law. A creditor's action against a deceased debtor's estate to ascertain the amount of the debt.

cognitionibus mittendis (kog-nish-ee-oh-na-bas mi-ten-dis). [Latin "cognizance of pleas to be released"]. A writ ordering a justice of the Common Pleas to certify a fine that the justice had imposed but refused to certify.

cognitive test A test of the defendant's ability to know certain things, specifically the nature of his or her conduct and whether the conduct was right or wrong. This test is used in assessing whether a defendant may rely on an insanity defense.

cognitor (kog-ni-tor), Roman law. A person formally appointed to represent another in a civil trial. Cf. PROCURATOR (1).

cognizable (kog-ni- or kog-nI-za-bal), 1. Capable of being known or recognized <for purposes of establishing standing, a plaintiff must allege a judicially cognizable injury>. 2. Capable of being identified as a group because of a common characteristic or interest that cannot be represented by others <American Indians qualify as a cognizable group for jury-selection purposes>. 3. Capable of being judicially tried or examined before a designated tribunal; within the court's jurisdiction <the tort claims are not cognizable under the consumer-protection statute>.

cognizance (kog-ni-zans), 1. A court's right and power to try and to determine cases; JURISDICTION. 2. The taking of judicial or authoritative notice. 3. Acknowledgment or admission of an alleged fact; esp. (hist.), acknowledgment of a fine. See FINE (1); FINE SUR COGNIZANCE DE DROIT. 4. Commonlaw pleading. In a replevin action, a plea by the defendant that the goods are held in bailment for another. Cf. AVOWRY.

cognizee (kog-ni-zee). The grantee ofland in a conveyance by fine. Also termed con usee; conuzee. See FINE.(l).

cognizor (kog-ni-zar-or-zor). The grantor of land in a conveyance by fine. Also termed conusor; conuzot. See FINE (1). "Next comes the concord, or agreement itself, after leave obtained from the court; which is usually an acknowledg· ment that the lands in question are the right of the com· plainant. And from this acknowledgment, or recognition of right, the party levying the fine is called the cognizoy, and he to whom it is levied the cognizee." 2 William Blackstone. Commentaries on the Laws of England 350-51 (1766).

cognovit (kog-noh-vit). [Latin "he has conceded (a debt or an action)"] An acknowled nt of debt or liability in the form of a confes judgment. Formerly, credit contracts often included a cognovit clause in which the consumer relinquished, in advance. any right to be notified of court hearings in any suit for nonpayment but such clauses are now generally illegal. See CONFESSION OF JUDGMENT. Cf. WARRANT OF ATTORNEY. "A cognovit is an instrument signed by a defendant In an action actually commenced confessing the plaintiff's demand to be just and empowering the plaintiff to sign judgment against him in default of his paying the plain· tiffthe sum due to him within the time mentioned in the cognovit." John Indermaur, Principles of the Common Law 8 (Edmund H. Bennett ed., 1 st Am. ed. 1878).

cognovit actionem (kog-noh-vit ak-shee-oh-nam). [Law Latin "he has confessed the action"] A defendant's written acknowledgment of the plaintiff's claim, authorizing the plaintiff to take a judgment for a named sum; a cognovit.

cognovit clause A contractual provision by which a debtor agrees to jurisdiction in certain courts, waives notice requirements, and authorizes the entry of an adverse judgment in the event of a default or breach. Cognovit clauses are outlawed or restricted in most states.

cognovit judgment See JUDGMENT.

cognovit note A promissory note containing a cognovit clause. Also termed judgment note.

cognovitjudgment (kog-noh-vit). A debtors confession of judgment; judgment entered in accordance with a cognovit. See CONFESSION OF JUDGMENT; COGNOVIT.

cogsa 1. CARRIAGE OF GOODS BY SEA ACT. 2. Maritime law. A country's enactment of the international convention popularly known as the Hague Rules. The acronym is used even when the country's statute has a different title; for example, the Canadian Carriage of Goods by Water Act is referred to as the "Canadian COGSA."

cohabitation (koh-hab-a-tay-shan), The fact or state ofliving together, esp. as partners in life, usu. with the suggestion of sexual relations. cohabit (koh-hab-it), cohabitative (koh-hab-a-tay-tiv), cohabitant (koh-hab-atant), n. cohabitor (koh-hab-a-tar), n.

cohabitation agreement A contract outlining the property and financial arrangements between persons who live together. Also termed living-together agreement. Cf. PRENUPTIAL AGREEMENT.

cohabitation agreement See COHABITATION AGREEMENT.

cohabiting unmarried person of the opposite sex See CUPOS.

cohan rule (koh-han). A former rule that a taxpayer may approximate travel and entertainment expenses when no records exist if the taxpayer has taken all possible steps to provide documentation . Since 1962, travel and entertainment expenses have been only partly deductible and must be carefully documented, but courts may apply the Cohan reasoning to other items. Cohan v. Commissioner, 39 F.2d 540 (2d Cir. 1930).

coheir (koh-air). See HEIR.

coheir- (koh-air). One of two or more persons to whom an inheritance descends.

coheiress (koh-air-is). A female coheir.

cohen doctrine (koh-an). See COLLATERAL-ORDER DOCTRINE.

coheres (koh-heer-eez), Roman law. A coheir. PI. coheredes (koh-heer-a-deez).

cohort analysis (koh-hort). A method of measuring discrimination in the workplace by comparing, at several points in time, the pay and promotions of employees of different cognizable groups. Cohort analyses are often used in employment discrimination cases.

coif (koyf). 1. A white linen headpiece formerly worn by serjeants at law (barristers ofhigh standing) in common-law courts. 2. The rank or order of serjeants at law. See ORDER OF THE COIF.

coinage clause The provision in the U.S. Constitution (art. 1, § 8, cl. 5) granting to Congress the power to coin money.